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Finding Tools - 14135_41
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Legalman 1 & C - Navy Lawyer / Jag training guide manuals
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Court Decisions
Additionally, pamphlets are issued on a regular basis  by  Shepard’s  to  reflect  the  most  recent  develop- ments and then the information printed in these pam- phlets is eventually printed in bound volumes. Specific instructions on how to use this citator can be found in each of the bound volumes and in  How to Use Shepard’s Citations printed by Shepard’s Citation, Inc. One final case finder you may encounter while working with the law library is  Words  and  Phrases which  is  published  by  West  Publishing  Company  and contains thousands of legally significant words and phrases  arranged  in  alphabetical  order.  Each  of  these words  or  phrases  is  followed  by  a  definition  and  a citation  to  the  decision  from  which  the  definition  was taken.  Additionally,  this  particular  case  finder  is  kept up to date with pocket parts issued annually by the publisher. Secondary  Sources Secondary sources may be defined as those legal materials that are not in any way binding, although they may  be  persuasive,  upon  the  courts.  Included,  among others, are treatises and periodicals. .  Treatises—Treatises  run  the  gamut  from  the most scholarly treatment of a particular legal subject to practice  guides  that  make  no  pretense  to  scholarly analysis. Depending upon where they fit into this spec- trum, they may be divided into the following groups: l l l l c Scholarly surveys of particular fields in depth Hornbooks,  student  tests,  and  treatise  abridge- ments Practitioners’ handbooks in particular fields Specialized monographs on more or less narrow topics Comprehensive  commentaries,  histories,  and works of juris prudence The  greatest  danger  involved  to  the  researcher  in the use of treatises is sometimes one of currency. A survey that is one day definitive in a given subject area may  become  quickly  obsolete  unless  revised  to  reflect changes in the area. .   Periodicals—Periodicals   are   issued   by   law schools, bar associations, private publishers, or just about anybody else who has something to say and the money to pay for their publication. As you might guess, the quality varies from the first-rate scholarship of the best law school reviews to the hackwork of some special interest groups. In addition to the periodic indexes issued for the individual publication, there are a number of periodical indexes, most useful of which is the  Index to Legal Periodicals.  The JAG Journal  and Off the Record are two periodicals of particular interest to Navy practitioners.  Other  publications  that  should  prove  use- ful are the Military Law Review (Army) and the Air Force  Law  Review  (formerly  the  United  States  Air Force  JAG  Law  Review). FINDING CITED SOURCES The use of citations in law serves as a means to identify the reference materials used in the preparation of legal writings. To standardize the system of citing legal references, the Harvard Law Review Association developed  and  published  a  comprehensive  and  standard system of citations known as  A  Uniform  System  of Citations (U.S.O.C.). The U.S.O.C., even though it does not  adequately  provide  citation  procedures  to  be  used with  military  law,  has  been  officially  adopted  for  use throughout the Navy. In an effort to supplement the U.S.O.C. in those areas that are not adequately covered, JAG  has  developed  supplemental  guidelines,  which  can be found in JAGINST 5850.2, to be used with citing military law. Although the combined system may at times seem needlessly complicated and arbitrary, it has the virtue of identifying precisely to the reader the exact reference intended by the drafter of legal material, As an LN3 or LN2, you will seldom be required to construct citations to be used in legal writings or to conduct legal research, but you should be familiar with the methods used in citing legal references so you will be able to locate specific cases when you are asked to do so and the only thing you have to work with is a citation.  To  do  this,  you  will  need  to  know  how  to translate a citation to locate the source wherein the reference is to be found and the exact page or pages where the reference is located in that source. The fol- lowing  discussion  should  be  useful  in  helping  you  be- come more familiar with the methods that are ordinarily used in citing statutes, court decisions, and other refer- ences.  In  addition  to  these  discussions,  specific  infor- mation  and  instructions  concerning  citations  may  be found in the U.S.O.C. and in supplementary material supplied by JAG. Statutes Federal statutes are ordinarily cited to the U.S.C. by the title and section number, as well as the year the 2-16

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